BILL ANALYSIS Ó
SB 1324
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Date of Hearing: June 14, 2016
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SB
1324 (Hancock) - As Amended March 28, 2016
SUMMARY: Finds and declares that the purposes of imprisonment
for crime include rehabilitation. Specifically, this bill:
1)Finds and declares that the purposes of imprisonment for crime
include rehabilitation, in addition to punishment.
2)Finds and declares that these purposes are best served by
terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders
committing the same offense under similar circumstances, and a
correctional treatment program designed to address the
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particular criminogenic needs of offenders.
3)States that the mission of the Department of Corrections and
Rehabilitation (CDCR) is to promote public safety by providing
a safe and constructive prison environment that fosters
positive and enduring behavioral change among offenders, both
in prison and after their return to the community.
EXISTING LAW:
1)Finds and declares that the purpose of imprisonment for crime
is punishment. (Pen. Code 1170, subd. (a)(1).)
2)Finds and declares that this purpose is best served by terms
proportionate to the seriousness of the offense with provision
for uniformity in the sentences of offenders committing the
same offense under similar circumstances. (Pen. Code 1170,
subd. (a)(1).)
3)Finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to
be imposed by the court with specified discretion. (Pen. Code
1170, subd. (a)(1).)
4)Specifies that in any case in which the punishment prescribed
by statute for a person convicted of a public offense is a
term of imprisonment in the state prison or a county jail term
under Realignment, the court shall sentence the defendant to
one of the terms of imprisonment specified unless the
convicted person is given any other disposition provided by
law, including a fine, jail, probation, or the suspension of
imposition or execution of sentence. (Pen. Code 1170, subd.
(a)(3).)
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5)States that when a judgment of imprisonment is to be imposed
and the statute specifies three possible terms, the choice of
the appropriate term shall rest within the sound discretion of
the court. (Pen. Code 1170, subd. (b).)
6)Species that in determining the appropriate term, the court
may consider the record in the case, the probation officer's
report, other reports, including reports received, as
specified, and statements in aggravation or mitigation
submitted by the prosecution, the defendant, or the victim, or
the family of the victim if the victim is deceased, and any
further evidence introduced at the sentencing hearing. (Pen.
Code 1170, subd. (b).)
7)States that the court shall select the term which, in the
court's discretion, best serves the interests of justice.
(Pen. Code 1170, subd. (b).)
8)Provides that the statute authorizing discretion of courts to
sentence to different terms remain in effect only until
January 1, 2017, and as of that date is repealed, unless a
later enacted statute, that is enacted before that date,
deletes or extends that date. (Pen. Code, § 1170, subdivision
(i).)
9)Finds and declares that the provision of probation services is
an essential element in the administration of criminal
justice. The safety of the public, which shall be a primary
goal through the enforcement of court-ordered conditions of
probation; the nature of the offense; the interests of
justice, including punishment, reintegration of the offender
into the community, and enforcement of conditions of
probation; the loss to the victim; and the needs of the
defendant shall be the primary considerations in the granting
of probation. (Pen. Code, § 1202.7.)
10)Specifies that "probation" means "the suspension of the
imposition or execution of a sentence and the order of
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conditional and revocable release in the community under the
supervision of a probation officer." (Pen. Code, § 1203(a).)
11)Specifies that "conditional sentence" means "the suspension
of the imposition or execution of a sentence and the order of
revocable release in the community subject to conditions
established by the court without the supervision of a
probation officer." (Pen. Code, § 1203(a).)
12)Provides that the court, in granting probation, may suspend
the imposing or the execution of the sentence and may direct
that the suspension may continue for a period of time not
exceeding the maximum possible term of the sentence, except as
specified, and upon those terms and conditions as it shall
determine. (Pen. Code, § 1203.1.)
13)States that the court may impose and require any or all of
the terms of imprisonment, fine, and conditions, and other
reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done and for the
rehabilitation of the probationer, and that should the
probationer violate any of the terms or conditions imposed by
the court in the matter, it shall have authority to modify and
change any and all the terms and conditions and to reimprison
the probationer in the county jail, as specified. (Pen. Code,
§ 1203.1, subd. (j).)
FISCAL EFFECT: Unknown
COMMENTS:
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1)Author's Statement: According to the author, "The mission of
CDCR is to promote public safety. This mission can be
accomplished only by providing a safe and constructive prison
environment. If offenders are expected to change, and if
reductions in recidivism are demanded by policymakers and the
public, environments that foster positive and enduring
behavioral change among offenders must be created. This cannot
be done without skilled, committed and supported staff.
"Prisons can be extremely stressful work environments.
Correctional fatigue is a very real issue, demonstrated by a
high officer suicide rate, alcohol abuse, family strife,
physical illness, and professional misconduct. As California's
criminal justice systems are retooled to reduce the prison
population and increase effective programming for offenders in
prison, addressing issues core to the well-being and
effectiveness of correctional staff is essential.
Staff preparation and training is critically important in
creating positive environments for change. Rehabilitation does
not happen in a vacuum - it takes staff to make it
materialize, not only those who do the programs but those who
help create a prison environment conducive to programming and,
ultimately, rehabilitation.
"SB 1324 institutes a strong and well-defined mission for the
California Department of Corrections and Rehabilitation (CDCR)
and its employees consistent with the goals of promoting
public safety through professional staff and a safe and
constructive correctional rehabilitation environment. This
measure also updates existing law regarding the purpose of
imprisonment to include rehabilitation and effective
rehabilitation programming."
2)California Department of Corrections and Rehabilitation: The
CDCR is responsible for the incarceration of adult felons,
including the provision of training, education, and health
care services. As of February 4, 2015, CDCR housed about
132,000 adult inmates in the state's prison system. Most of
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these inmates are housed in the state's 34 prisons and 43
conservation camps. About 15,000 inmates are housed in either
in-state or out-of-state contracted prisons. The department
also supervises and treats about 44,000 adult parolees and is
responsible for the apprehension of those parolees who commit
new offenses or parole violations. In addition, about 700
juvenile offenders are housed in facilities operated by CDCR's
Division of Juvenile Justice, which includes three facilities
and one conservation camp. (Legislative Analyst's Office
Analysis of the Governor's 2016-17 Proposed Budget.)
3)CDCR and Rehabilitation: In 2005, the Department of
Corrections was changed to the Department of Corrections and
Rehabilitation. (Gov. Code, § 12838.) That name change
reflected a rededication to the mission of rehabilitation at
the state level. CDCR currently provides a range of
rehabilitative services to state prison inmates and parolees.
The Division of Rehabilitative Programs (DRP) is a branch
within the California Department of Corrections and
Rehabilitation. DRP describes their role within CDCR as
follows:
Our mission, as part of CDCR, is to help offenders leave
prison with better job or career skills, education, life
skills, and confidence, so they can succeed in their
futures despite past obstacles. To accomplish this, DRP
provides numerous rehabilitative programs and services to
both prison inmates and parolees. Evidence shows successful
rehabilitation is good for communities in a multitude of
ways, including a significant reduction in criminal
recidivism. http://www.cdcr.ca.gov/rehabilitation/
DRP's rehabilitative programming includes educational
opportunities, substance abuse, treatment, and vocational
training among a number of other areas.
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4)The Criminal Justice System Has Increased the Use of Custodial
Alternatives in Recent Years to Promote Rehabilitation: In
the wake of prison overcrowding and Criminal Justice
Realignment, there has been a focus at every level of the
criminal justice system on alternatives to custody and
evidence based practices to reduce recidivism. To that end,
criminal courts are incorporating more sentencing options that
do not involve custody. Frequently, such sentencing
approaches attempt to address the underlying issues connected
to the defendant's criminal behavior.
County alternative custody programs can now include newly
realigned offenders-non-serious, non-violent, non-sexual
(1170h) felons who previously were eligible for prison but now
serve all or part of their sentences in county jail. Counties
now have the option of placing these 1170h offenders in work
release programs, home detention, or electronic monitoring
programs at any point during their sentences. Offenders
serving local sentences have been eligible for placement in
alternative custody programs for years. (Public Policy
Institute California, April 2015.) At the State level, the
Governor's recent budgets have included money for programs to
reduce recidivism. Those programs include community reentry
programs and expanded substance abuse treatment for inmates in
state prison.
( http://www.lao.ca.gov/reports/2014/budget/three-judge-panel/th
ree-judge-panel-022814.aspx )
5)Argument in Support: According to SEIU Local 1000, "In 2005,
many of the state's criminal justice programs were reorganized
with a greater emphasis given to rehabilitative programs.
However, under Section 1170(a)(1) of the Penal Code, the
purpose of imprisonment for crime is punishment. This bill
broadens the mission of CDCR to go beyond punishment to also
include rehabilitation.
"Over the past several years, the teachers and librarians, who
are members of SEIU and work in the state prisons, have seen
the slow evolution of the department back to an earlier era
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when rehabilitation was emphasized rather than punishment. As
the prison population stabilizes, there is now greater ability
to intervene in an inmate's life and provide needed
rehabilitative services. Over 60% of inmates read at a ninth
grade level or below. Even though recidivism has been shown
to be reduced by almost 20% if an inmate has received a job
skill that will make him/her employable upon release there are
only 8,400 vocation education slots currently available for
the nearly 137,000 inmates. Providing both academic and
vocational skills is an important part of rehabilitating an
inmate so they can become productive citizens when they
reenter society following imprisonment."
6)Related Legislation:
a) AB 2590 (Weber), finds and declares that the purpose of
sentencing is public safety achieved through
accountability, rehabilitation, and restorative justice. AB
2590 is awaiting a committee hearing in the Senate Public
Safety Committee.
7)Prior Legislation:
a) SB 463 (Pavley), Chapter 508, Statutes of 2013, extended
to January 1, 2017, the provisions of law that provide that
the court shall, in its discretion, impose the term or
enhancement that best serves the interests of justice.
b) AB 1849 (Carter), Legislative Session of 2011-2012,
would have authorized the juvenile court of a county to
adopt a restorative justice program to address the needs of
minors, victims, and the community. AB 1849 was held in the
Assembly Appropriations Committee.
c) AB 446 (Carter), Legislative Session of 2011-2012, would
have authorized a county to adopt a restorative justice
program to address the needs of minors, victims, and the
community. AB 446 was vetoed by the governor.
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REGISTERED SUPPORT / OPPOSITION:
Support
California Catholic Conference
California Public Defenders Association
SEIU Local 1000
Opposition
None
Analysis Prepared by:David Billingsley / PUB. S. / (916)
319-3744
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